What is Aggravated DUI?
Some states have a more serious drunk driving charge often referred to as an aggravated DUI, also known as “extreme DUI” or “felony DUI”. It is important to note that not all states use the term DUI, but all states do have drunk driving laws. An aggravated drunk driving charge can result from certain aggravating circumstances surrounding the incident that led to the charge. While a first drunk driving conviction is typically a misdemeanor under most states’ drunk driving laws, aggravated drunk driving constitutes a felony charge, which necessarily results in harsher punishments for drivers convicted of aggravated DUI.
Circumstances and Factors Considered in Aggravated Drunk Driving Charges
- An extremely high blood alcohol level (BAC),
- Driving with a BAC of 0.08 or more and a minor child is in the vehicle,
- Driving a school bus while intoxicated,
- Driving drunk within a school zone,
- Serious injury or death occurs.
Once stopped for driving drunk, a person may face aggravated drunk driving charges if he or she:
- Is caught driving without a valid driver’s license,
- Caused another person to be seriously or fatally injured, or extensive property damage as a result of the incident,
- Has had multiple drunk driving convictions, particularly within a certain timeframe.
A conviction for aggravated drunk driving can result in far more serious penalties than a regular drunk driving charge, which is typically a misdemeanor. Aggravated drunk driving is likely to be a felony charge in most cases, which places a permanent black mark on a person’s criminal record that may disqualify him or her for some jobs, among other things, such as:
- Community service,
- Long probation terms
- Substantial fines
- Loss of license,
- Mandatory installation of an ignition interlock device,
- Vehicle confiscation.
The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.
Additional Drunk Driving Defense Articles
- The Crime of Drunk Driving
- Defending a Drunk Driver Hit and Run Charge
- Possible Penalties for Drunk Driving
- The Constitutionality of Sobriety Checkpoints
- What To Do If You're Arrested
- Overview of Drunk Driving Offenses in the United States
- Do You Need An Attorney... or Can You Represent Yourself?
- Drunk Driving Fourth Amendment Issues
- Chemical Testing in Drunk Driving Cases
- What to Bring to an Initial Consultation With a Lawyer
- The Crime of Drunk Driving
- Drunk Driving Defense Laws in Vermont
- Drunk Driving Defense Law in Rhode Island
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- What happens when someone is arrested for drunk driving?
- Do all states have aggravated drunk driving laws?
- Is aggravated DUI a felony or misdemeanor charge?
- How much does it cost to hire a drunk driving attorney?
- What are some common factors that will result in an aggravated rather than a regular DUI charge?
- Can an attorney help me if I have been charged with drunk driving?
- What are the penalties for a drunk driving conviction if another person is injured or killed during the incident?
- What does a drunk driving attorney do for my case?
- How many DUI convictions can I have before I am charged with aggravated DUI?
- Will I be charged with aggravated DUI if my offense involved a child?
- Can a drunk driving attorney get my drunk driving charges dismissed?
- Are the penalties for an aggravated DUI conviction harsher than for a regular DUI conviction?
- What are "acts of God" and are they covered by my homeowner's insurance policy?
- What are the DUI penalties for a driver under 21 in Oklahoma?
- Do I need to hire a lawyer to defend me in a drunk driving case?
- Can a drunk driving conviction cost me my professional license?
- Do I need to hire a lawyer for my drunk driving case?
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